Half of public want leniency for Marine A as MPs and military commanders say
battlefield horrors must be taken into account in sentencing

More people believe that Marine A should be shown leniency when he is sentenced for murdering a Taliban fighter than want him to receive a full life sentence, a poll for The Telegraph reveals.

The Royal Marine is facing life imprisonment when a military court passes sentence next month after being found guilty of shooting dead a wounded captive at point-blank range in Afghanistan in 2011.

A number of distinguished figures have called for clemency in his case, while condemning the crime itself.

The ICM/Sunday Telegraph poll found that almost half - 47 per cent – agree that Marine A should be given a lesser sentence, saying that “the law should make an exception for a soldier serving on the front line”.

However, in a sign of the moral complexity of the case, a significant minority - 35 per cent - believe the marine should receive a full life sentence for his crime, while 19 per cent did not express a view.

Support for a more lenient sentence was highest among the over 55s, with more than half of those aged 55-64 saying that the law should make an exception for a serving soldier. Among the over 65s, some 55 per cent would support leniency.

Younger respondents were more likely to want a punitive sentence although across all age groups more people would prefer the court to show leniency than to impose a full life term.

The findings come as senior MPs warn that soldiers who have been scarred by the horrors of war should not be treated as if they were civilians guilty of crimes at home.

Bernard Jenkin, a senior Conservative MP, and vice-president of Combat Stress, veterans’ mental health charity, said that Marine A’s crime was “inexcusable and has to be punished”.

However, he urged the court to take account of the sergeant’s “true mental state”.

“If it turns out that actually he is now in post-traumatic stress disorder and probably was at the time, then the law of diminished responsibility applies and that would mitigate his sentence,” Mr Jenkin said.

“Counter-insurgency warfare takes a relentless toll on the psychology of combatants because the danger is imminent and constant. The threat of a roadside bomb or an ambush is unremitting. We know little about the real effects of this on people’s psychology.”

Sir Gerald Howarth, a Conservative MP and former defence minister, condemned the actions of Marine A but warned that the Afghan campaign had taken “a heavy toll” on British troops.

"No one can do other than condemn the actions of Marine A," he said. "Her Majesty's Armed Forces have a reputation for applying the highest standards even in the heat of battle.

"However, the Afghan campaign, which has seen British soldiers killed by the Afghans they were mentoring, has taken a heavy toll.

"We do not know what Marine A experienced during his tours, but the court should take into account when determining the sentence the cumulative effect on him of his battlefield experiences," Sir Gerald said.

Field Marshall Lord Bramall, the former Chief of the Defence Staff, called for a review of the law, suggesting judges should have greater discretionary powers when sentencing such cases.

Soldiers and police officers “have to take instant decisions under tremendous pressure” and this should be taken into account if they make the wrong decisions in the heat of the moment, he said. There “should not be a mandatory life sentence” in these cases, Lord Bramall added.

The sergeant, identified only as ‘A’, was found guilty by a court martial of shooting dead a badly wounded Taliban captive at point blank range in Helmand Province, Afghanistan, in 2011.

He was the first serviceman to be convicted of murder during the Iraq and Afghan conflicts, and faces life imprisonment when he is sentenced next month.

The court martial will have to decide the minimum term he will required to serve before becoming eligible for parole.

:: ICM Research questioned 2,059 adults from across Britain in an online survey between November 13 and 15.